Mining Incidents

BARTOO PORTABLE SCREEN #1: 68 MSHA citations Metal/Non-Metal

Controlled by Howard Bartoo Jr
Truth or Consequences, Sierra County, NM  ·  Active
MSHA Mine ID: 2902209

BARTOO PORTABLE SCREEN #1 has $11K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2009
68
citations
12
significant & substantial
$11,098
proposed penalties
$9,282
paid to date
84% of proposed penalties paid to date, a $1,816 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
53
inspections on record
699
inspection hours
n/a
citations per 100 inspection hours
This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.
Rate withheld: 699 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

BARTOO PORTABLE SCREEN #1 has $11K in proposed MSHA penalties and $0 outstanding across 1 contested dockets.

Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$11K
proposed penalties
$9K
current assessed
$9K
paid to date
$0
outstanding
68 assessments are final orders; 1 contested dockets.
Of $4K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2026-05-29.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
Violation severity profile
Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.
17.6%
significant & substantial
4.4%
high negligence or reckless
17.6%
reasonably likely or greater
41.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.2% low, 82.4% moderate, 4.4% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
When citations were contested
Contesting a citation before the Federal Mine Safety and Health Review Commission is a lawful right. These figures state the public outcomes of that process, from MSHA's Contested Violations file.
7 citations taken to the federal commission · 10% of citations on record
  • Settled 7 · 100%
33%
S&S designation survived the contest
Counts a Significant & Substantial citation as surviving when a settlement or judge's decision kept the designation, or the contest was dismissed or defaulted so the citation stands as issued. Vacated and withdrawn citations, and settlements that removed the designation, count against.
of 6 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$4K proposed, $2K after decisions · industry: 39%
Source: MSHA Contested Violations file (public record), updated weekly. A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record. Latest contest filed 2011-08-26.
Contested penalties
A reduction or dismissal at the Commission is a lawful outcome of contesting a proposed penalty. Figures are the proposed amount and the amount upheld in the docket's decision.
Largest penalties this mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
CENT 2011-1138M Settlement Lesnick 2011 $4K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Health sampling
A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.

Metal and nonmetal contaminants (personal samples)
Many samples are screening measurements of substances with no applicable exposure limit; they are counted as samples but excluded from every over-limit figure. Over-limit shares use only limit-tested samples.

Last sampled: 2025-06-18
0%
of limit-tested samples over the exposure limit
17
samples
8
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz8
  • Respirable dust, <.1mg6
  • Nuisance dust, total, <1% Qtz2
  • Nuisance dust, respirable, <1% Qtz1
Show the individual readings (17)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-06-18 Respirable dust, <.1mg 0 Laborer, Bullgang
2025-06-18 Quartz, respirable, >1% Qtz 0.13 Truck Driver
2021-05-19 Respirable dust, <.1mg 0 Complete Load-Haul-Dump
2021-05-19 Quartz, respirable, >1% Qtz 0.18 Crusher Oper/Worker
2021-05-19 Respirable dust, <.1mg 0 Front-end Loader Operator
2020-03-18 Respirable dust, <.1mg 0 Crusher Oper/Worker
2020-03-18 Quartz, respirable, >1% Qtz 0.25 Front-end Loader Operator
2016-09-13 Respirable dust, <.1mg 0 Front-end Loader Operator
2016-09-13 Nuisance dust, respirable, <1% Qtz 0.17 10 0.02 Backhoe Operator
2016-09-13 Nuisance dust, total, <1% Qtz 0.25 10 0.03 Crusher Oper/Worker
2016-09-13 Nuisance dust, total, <1% Qtz 0 10 0.00 Truck Driver
2012-04-25 Quartz, respirable, >1% Qtz 0.37 1.9 0.19 Crusher Oper/Worker
2012-04-25 Quartz, respirable, >1% Qtz 0.15 1.34 0.11 Front-end Loader Operator
2010-10-14 Respirable dust, <.1mg 0 Supervisor, Co. Official
2010-10-14 Quartz, respirable, >1% Qtz 0.2 1.35 0.15 Front-end Loader Operator
2010-10-14 Quartz, respirable, >1% Qtz 0.13 1.07 0.12 Truck Driver
2010-10-14 Quartz, respirable, >1% Qtz 0.15 1.21 0.12 Dry Screen Plant Operator
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly. Metal/nonmetal contaminant figures come from MSHA's Personal Health Samples and Area Samples files (public record), updated weekly.
Ownership history
  1. Bartoo Sand & Gravel Inc 2000 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 8
2025 7
2024 7
2023 6
2022 6
2021 7
2020 4
2019 4
2018 4
2017 4
2016 5
2015 4
2014 4
2013 5
2012 6
2011 6
2010 7
2009 7
2008 7
2007 5
2006 4
2005 4
2004 3
2003 1
2002 2
2001 2
2000 0
Source: MSHA quarterly employment and production, updated weekly.

BARTOO PORTABLE SCREEN #1 sits in Sierra County, New Mexico, where the Census mining category is 2.0% of county employment.

Local economic context
County figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Sierra County, New Mexico · Population 11,511
2.0%
Mining share of county employment
$37,840
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
Quarterly safety rates
Citations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter Hours worked Citations S&S Per 1M hrs
2026 Q2 3,165 8 0 2527.6
2026 Q1 3,018 0 0 0.0
2025 Q4 2,547 1 0 392.6
2025 Q3 3,173 0 0 0.0
2025 Q2 3,275 3 1 916.0
2025 Q1 2,935 0 0 0.0
2024 Q4 2,769 1 0 361.1
2024 Q3 3,540 0 0 0.0
Show 95 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,197 1 0 312.8
2024 Q1 3,126 0 0 0.0
2023 Q4 2,942 2 1 679.8
2023 Q3 2,838 1 0 352.4
2023 Q2 3,214 0 0 0.0
2023 Q1 3,171 0 0 0.0
2022 Q4 2,792 1 0 358.2
2022 Q3 2,178 0 0 0.0
2022 Q2 2,163 1 0 462.3
2022 Q1 2,251 0 0 0.0
2021 Q4 2,187 2 1 914.5
2021 Q3 2,444 0 0 0.0
2021 Q2 2,554 2 0 783.1
2021 Q1 2,534 0 0 0.0
2020 Q4 1,354 0 0 0.0
2020 Q3 1,179 0 0 0.0
2020 Q2 1,356 1 0 737.5
2020 Q1 1,237 1 0 808.4
2019 Q4 938 0 0 0.0
2019 Q3 1,180 1 0 847.5
2019 Q2 1,262 0 0 0.0
2019 Q1 1,419 0 0 0.0
2018 Q4 1,025 0 0 0.0
2018 Q3 972 0 0 0.0
2018 Q2 1,187 1 0 842.5
2018 Q1 578 3 0 5190.3
2017 Q4 876 0 0 0.0
2017 Q3 1,274 0 0 0.0
2017 Q2 1,515 2 0 1320.1
2017 Q1 900 0 0 0.0
2016 Q4 960 2 0 2083.3
2016 Q3 2,802 0 0 0.0
2016 Q2 2,054 1 0 486.9
2016 Q1 1,426 0 0 0.0
2015 Q4 1,124 0 0 0.0
2015 Q3 1,654 0 0 0.0
2015 Q2 1,641 1 0 609.4
2015 Q1 1,342 0 0 0.0
2014 Q4 1,116 0 0 0.0
2014 Q3 1,040 0 0 0.0
2014 Q2 1,873 1 0 533.9
2014 Q1 1,414 2 0 1414.4
2013 Q4 961 0 0 0.0
2013 Q3 1,058 0 0 0.0
2013 Q2 1,960 3 1 1530.6
2013 Q1 1,723 1 1 580.4
2012 Q4 1,178 0 0 0.0
2012 Q3 1,823 0 0 0.0
2012 Q2 2,657 1 0 376.4
2012 Q1 1,883 0 0 0.0
2011 Q4 1,147 0 0 0.0
2011 Q3 1,523 0 0 0.0
2011 Q2 1,702 8 2 4700.4
2011 Q1 2,190 0 0 0.0
2010 Q4 1,993 7 2 3512.3
2010 Q3 2,123 0 0 0.0
2010 Q2 2,040 0 0 0.0
2010 Q1 2,850 8 3 2807.0
2009 Q4 1,653 0 0 0.0
2009 Q3 2,383 0 0 0.0
2009 Q2 2,501 0 0 0.0
2009 Q1 2,094 1 0 477.6
2008 Q4 441 0 0 0.0
2008 Q3 454 0 0 0.0
2008 Q2 549 0 0 0.0
2008 Q1 603 0 0 0.0
2007 Q4 444 0 0 0.0
2007 Q3 445 0 0 0.0
2007 Q2 425 0 0 0.0
2007 Q1 1,322 0 0 0.0
2006 Q4 510 0 0 0.0
2006 Q3 1,195 0 0 0.0
2006 Q2 1,180 0 0 0.0
2006 Q1 1,299 0 0 0.0
2005 Q4 1,708 0 0 0.0
2005 Q3 249 0 0 0.0
2005 Q2 358 0 0 0.0
2005 Q1 1,554 0 0 0.0
2004 Q4 1,175 0 0 0.0
2004 Q3 390 0 0 0.0
2004 Q2 603 0 0 0.0
2004 Q1 90 0 0 0.0
2003 Q4 0 0 0
2003 Q3 73 0 0 0.0
2003 Q2 45 0 0 0.0
2003 Q1 0 0 0
2002 Q4 7 0 0 0.0
2002 Q3 843 0 0 0.0
2002 Q2 13 0 0 0.0
2002 Q1 0 0 0
2001 Q4 3 0 0 0.0
2001 Q3 1 0 0 0.0
2001 Q2 33 0 0 0.0
2001 Q1 100 0 0 0.0
2000 Q4 0 0 0

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.